File No.: 15/9336#21; GE15/88
14 September 2015
RE: Australian Response to OHCHR Questionnaire on right of persons with disabilities
to participation in decision making
The Permanent Mission of Australia to the United Nations and other international organisations in
Geneva hereby presents the Australian Government’s response to the Office of the High
Commissioner of Human Rights’ (OHCHR) Questionnaire on right of persons with disabilities to
participation in decision making.
QUESTION 1
1.
Please provide information on the legislative and policy framework in place in your country
related to the status, establishment, resourcing and functioning of representative organisations of
persons with disabilities at the national, relational and local levels.
On 17 July 2008, Australia ratified the UN Convention on the Rights of Persons with Disabilities
(CRPD). While not creating any new rights, all tiers of Australian government now have an
obligation to act in accordance with the rights provided for in the CRPD, including Article 4 which
states that in the development and implementation of legislation and policies to implement the
Convention, and in other decision-making processes concerning issues relating to persons with
disabilities, States Parties shall closely consult with and actively involve persons with disabilities,
including children with disabilities, through their representative organizations.
Australia is committed to assisting people with disabilities in developing countries to find pathways
out of poverty, particularly in our region, as outlined in the development policy Australian aid:
promoting prosperity, reducing poverty, enhancing stability.
In May 2015, the Government released the Australian aid program’s new disability strategy –
Development for All 2015-2020: Strategy for strengthening disability-inclusive development in
Australia’s aid program. The Strategy aims to promote improved quality of life of people with
disabilities in developing countries, through:
(1) enhancing their participation and empowerment as contributors, leaders and decision makers
(2) reducing poverty among people with disabilities, and
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(3) improving equality for people with disabilities in all areas of public life including service
provision, education and employment.
The first guiding principle of the Development for All 2015-2020 is supporting an active and central
role for people with disabilities in line with the principle ‘Nothing about us without us’.1
QUESTION 2
2.
Please provide information on existing legislation and policies aimed at ensuring that
persons with disabilities and their representative organisations, including children with disabilities,
are consulted and involved in decision making processes that directly or indirectly concern them.
Endorsed by the Council of Australian Governments in 2011, the National Disability Strategy
2010-2020 outlines a ten year national policy framework for improving the lives of all Australians
with disability, their families and carers. The Strategy was developed in consultation with people
with disabilities, their families, and carers and the organisations that represent them.
The National Disability Strategy seeks to drive a more inclusive whole of government approach to
the design of mainstream policies, programs and infrastructure so that people with disability can
participate in all areas of Australian life. The Strategy aims to improve the responsiveness of
mainstream policy areas such as health, education, employment support, housing and income
support to better meet the needs of people with disability and to provide the opportunity to fulfil
their potential as equal citizens.
The Strategy is inclusive of all Australians with disability and acknowledges that people with
disability have specific needs, priorities and perspectives based on their personal circumstances,
including the type and level of support required, education, sex, age, sexuality, and ethnic or
cultural background.
As one of its key principles, the Strategy states that “the views of people with disability are central
to the design, funding, delivery and evaluation of policies, programs and services which impact on
them, with appropriate support and adjustment for participation”.2
In developing Development for All 2015-2020 (see response to Q.1), consultations were undertaken
with key stakeholders in Australia and in a number of countries in the region, including people with
disabilities and their representative organisations, government representatives, non-government
organisations, service providers and others including the Australian Disability and Development
Consortium and the Australian Department of Foreign Affairs and Trade’s Disability-Inclusive
Development Reference Group (DRG).
Development for All 2015-2020 builds on the well-regarded approach of the first Development for
All strategy (Development for All: Towards a disability-inclusive Australian aid program 20092014), which also promoted the active participation and leadership by people with disabilities and
their representative organisations across the aid program.
1
Development for All 2015-2020: Strategy for strengthening disability-inclusive development in Australia’s aid program is available at:
http://dfat.gov.au/about-us/publications/Pages/development-for-all-2015-2020.aspx .
2 National Disability Strategy 2010-2020, 2011, p 23, www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policyresearch/national-disability-strategy-2010-2020 .
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QUESTION 3
3.
Please provide information on any consultative body or mechanism established to consult
and engage with representative organisations of persons with disabilities, including information
about their composition, criteria for membership (nomination, appointment, election, etc) and
functioning.
In 2015, the Australian Government established a new ‘disability peaks funding model’ comprising
five disability people’s organisations representing cross-disability, women with disability, children
and young people with disability, Aboriginal and Torres Strait Islander People with Disability, and
people with disability from Culturally and Linguistically Diverse backgrounds.
The new ‘disability peaks funding model’ represents the interests and views of all people with
disability within the one framework that recognises that disability is more a reflection of social
barriers and discrimination, rather than a person’s medical condition or impairment.
Four of the peak Disabled People’s Organisations have formed the Australian Cross Disability
Alliance:
•
•
•
•
People with Disability Australia
First Peoples Disability Network
National Ethnic Disability Alliance, and
Women with Disability Australia.
People with Disability Australia (PWDA) is funded as a national cross-disability peak and advocacy
organisation representing the interests of people with all kinds of disability. Founded in 1981, the
International Year of Disabled Persons, PWDA seeks to provide people with disability with a voice
of their own.
First Peoples Disability Network (FPDN) is funded to represent and provide a voice for Aboriginal
and Torres Strait Islander people with disability and their families, through providing advice to the
government and non-government sectors about the unmet needs of Aboriginal and Torres Strait
Islander people with disability can be best met, and advice on breaking down barriers and
improving social and economic participation for Aboriginal and Torres Strait Islander people with
disability.
National Ethnic Disability Alliance (NEDA) is funded as the national voice advocating for the
rights and interests of people from non-English speaking background with disability, their families
and carers throughout Australia. It works towards an inclusive Australia where cultural diversity
and disability rights are valued as essential aspects of an equitable society.
Women with Disabilities Australia (WWDA) is funded as the peak organisation for women with all
types of disabilities in Australia. WWDA’s work is grounded in a human rights based framework
which links gender and disability issues to a full range of civil, political, economic, social and
cultural rights. This rights based approach recognises that equal treatment, equal opportunity, and
non-discrimination provide for inclusive opportunities for women and girls with disabilities in
society. It also seeks to create greater awareness among governments and other relevant institutions
of their obligations to fulfil, respect, protect and promote human rights and to support and empower
women with disabilities, both individually and collectively, to claim their rights.
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Children with Disability Australia (CDA) is funded separately to represent, and provide a link
between the direct experiences of, children and young people with disability and their families to
Government and other key stakeholders. CDA will work collaboratively with the Alliance on areas
of shared interest and opportunities to advance the rights of people with disability.
Through systemic advocacy CDA aims to create change and engender a true appreciation of the
experiences and challenges that make up the lives of children with a disability and their families;
provide children with a disability with the opportunity to live meaningful and fulfilling lives within
safe, supportive and appropriate environments; and support families to provide the necessary care
and support to children with a disability.
National Disability Services (NDS) is the peak body representing disability service providers to
provide Government with advice from the services that support people with disability so their
service needs can be met.
The Disability-Inclusive Development Reference Group (DRG) was established in 2009 (under
Development for All 2009-2014) to provide high level guidance to Australia’s aid program on
disability-inclusive development. An honorary advisory group, it comprises international and
Australian leaders and active participants in disability-inclusive development. Eight meetings have
been formally convened to date in Australia and in various partner countries. The members’ support
and advice has been instrumental in shaping Australia’s ongoing approach to disability-inclusive
development. The DRG continues as an informal consultative mechanism, through virtual dialogue
as well as face-to-face engagement in the margins of international meetings, such as the annual UN
Conference of States Parties to the CRPD. Through these means, DFAT will continue to discuss
with the DRG key issues in relation to international disability-inclusive development approaches,
and reflect on progress with implementing Australia’s new disability-inclusive development
strategy.
QUESTION 4
4.
Please provide information on the efforts undertaken at national, regional and/or local
levels to strengthen the capacity of representative organisations of persons with disabilities, in
order to facilitate their participation in legislative, policy and other decision making processes.
Funding for international delegations
The Commonwealth Government has provided funding to the Australian Human Rights
Commission to support delegations representing peak disability and advocacy organisations to
better represent the needs of people with disability internationally and to give disability advocates
the opportunity to use their experience and expertise to help inform and shape policies and
programmes affecting people with disability, their families and carers. This has been one way for
the Commonwealth Government to ensure that Australians with disability have their voice heard on
the international stage.
The Australian Government also supports officers of the federal public service, who are also people
with disabilities, to participate in important multilateral fora which focus on disability human rights
issues, including the Conference of States Parties to the CRPD. The representativeness of
Australia’s delegation to Conference of States Parties to the CRPD has been internationally
recognised.
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Funding for advocacy agencies
It is important that people with disability have the opportunity to participate in decisions that affect
their lives. For some people this participation is supported by advocacy agencies.
Disability advocacy enables and supports people with disability to safeguard their rights and
overcome barriers that impact on their ability to participate in the community. Advocacy supports
people to make sure that their rights are promoted and valued, to participate in the decisions that
affect their lives, especially around access to services and support, and to be actively involved in the
life of their communities. Disability advocacy enables people with disability to actively participate
in the decision-making processes that safeguard and advance their human rights, wellbeing and
interests.
Individual advocacy supports people with disability to understand and exercise their rights, through
either one-to-one support, or by supporting people to advocate for themselves individually, or on a
group basis. Systemic advocacy seeks to introduce and influence longer term changes to ensure the
rights of people with disability are attained and upheld to positively affect the quality of their lives.
Systemic advocates can influence positive changes to legislation, policy and service practices and
work towards raising and promoting community awareness and education of disability issues.3
Under the National Disability Advocacy Program, the Australian Government provides funding of
approximately $16.5 million per annum, for advocacy that works to promote the human rights and
ability of people with disability to participate in the community. Advocacy support can be provided
to individuals, as well as on a systemic basis to address issues that have an impact on a broader
group of people with disability.
Australia has supported a partnership with the Pacific Disability Forum (PDF) since 2009 through
the provision of grants and core funding. The current partnership confirms both parties
commitment to mutual respect, transparency, assisting Pacific Island Countries to ratify, implement
and report on the CRPD, and advocating for the active and central role of people with disabilities
through disabled people’s organisations (DPOs) in all development processes.
In addition, Australia has supported the PDF through its partnerships with CBM Australia and the
Disability Rights Fund (DRF)/Disability Advocacy Fund (DRAF).
Through DFAT’s partnership with CBM Australia, support to PDF and in turn to a wide range of
Pacific DPOs has focussed upon activities supporting external/technical capacity building,
specifically strengthening the capacity of the PDF and DPOs to participate in and influence
disability-inclusive development.
Australia has, since 2009, supported the DRF/DRAF a US-based organisation that supports the
empowerment of people with disability to participate in ratification, implementation and monitoring
of the CRPD at country, regional and international levels. DRF/DRAF works closely with PDF to
identify the needs of individual DPOs (and disability movements) in Pacific Island Countries as
well as sharing communications on DPO progress in advancing CRPD implementation and other
key developments in the Pacific region.
3
National Disability Strategy 2010-2020, 2011, p 17, www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policyresearch/national-disability-strategy-2010-2020 .
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Australia has supported the International Disability Alliance (IDA) since 2010, recognising IDA’s
core principles and mission are in line with the Australian Government’s Development for All
disability strategy and values. IDA’s advocacy and expertise originate from persons with
disabilities, not on behalf of people with disabilities, making it representative of the perspective of
persons with disabilities, in line with the principle of Development for All “nothing about us without
us”. Key areas of engagement will explore ways to increase the representation and attention paid to
marginalised groups within the disability community, including women and girls, and those with
intellectual and psychosocial disabilities.
QUESTION 5
5.
Please explain whether and how persons with disabilities participate in monitoring the
implementation of the United Nations Convention on the Rights of Persons with Disabilities (art 33,
para 3), and in the nomination of experts to the Committee on the Rights of Persons with
Disabilities (art. 34, para 3).
The National Disability Strategy 2010-2020 (see response to Q.2) is the mechanism to ensure that
the principles underpinning the CRPD are incorporated into services, policies and programs
affecting people with disability, their families and carers.
The Strategy will be guided by three implementation plans developed over its ten year life span.
The first phase of the Strategy’s implementation, ‘Laying the Groundwork 2011-2014’, was
designed to bring about reform in the planning and delivery of both mainstream and disabilityspecific services across key portfolios. In addition to progressing ongoing commitments, the
second and third implementation plans will reflect future opportunities to improve service delivery
and outcomes for people with disability.
Every two years, a high level progress report tracks achievements under the Strategy and provides a
picture of how people with disability are faring. The progress reports use draft national trend
indicator data (including any changes to improve the draft indicators). They also include:
•
•
•
•
feedback from people with disability, their families and carers and their representative
organisations on the implementation of the plans
feedback from Commonwealth, state and territory Disability Services Ministers on
achievements under the Strategy
specific reports from the disability champion ministers, and
a review of progress of current actions.
QUESTION 6
6.
Please identify the main challenges faced by the diversity of persons with disabilities in
participating in mainstream and disability specific decision making processes at the national,
regional and local levels, including challenges faced by persons who experience multiple
discrimination (eg, on the basis of disability, age, gender, ethnic origin, geographical location).
The National Disability Strategy 2010-2020 (see responses to Q.2 and Q.5) recognises that not all
people with disability are alike. People with disability have specific needs, priorities and
perspectives based on their personal circumstances, including the type and level of support required,
education, sex, age, sexuality, and ethnic or cultural background. Some experience multiple
disadvantages. Sex, race and age can significantly impact on the experience of disability.
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Women and men with disability often face different challenges by reason of their sex, or experience
the same issues in different ways. For example, women and men with disability are likely to
experience violence in different ways and so need different supports.
Aboriginal and Torres Strait Islander Australians experience higher rates of disability than do other
Australians. After taking into account age differences between the Indigenous and non-Indigenous
populations, the rate of disability among Aboriginal and Torres Strait Islander Australians is almost
twice as high as that among non-Indigenous people. Strategies for improving outcomes for
Aboriginal and Torres Strait Islander Australians need to tackle specific barriers faced by
Aboriginal and Torres Strait Islander Australians with disability.
People from culturally and linguistically diverse backgrounds—in particular newly arrived migrants
such as refugees and special humanitarian entrants—can be particularly vulnerable. Those with
disability are likely to experience multiple disadvantages. Lack of accessible information,
communication difficulties or cultural sensitivities and differences can create barriers to services
and support.
Additional stresses are often faced by people living in rural and remote areas. Remote areas are
characterised by low population density and a lack of access to larger service centres and transport
routes. This can limit equity and access to services, and where services are available, providers
sometimes face difficulties in recruiting and retaining an appropriately qualified workforce. The
characteristics of rural and remote areas can provide challenges for people with disability that are
distinctly different from those for people who live in metropolitan areas.4
Development for All 2015-2020 recognises that some groups within the disability community are at
heightened risk of marginalisation. These include women and girls with disabilities who experience
multiple disadvantages on the basis of gender and disability (and are at greater risk from all forms
of violence than those without disabilities) as well as those with psychosocial and intellectual
disabilities who are often rendered invisible and left out of disability-inclusive development efforts.
Development for All 2015-2020 adopts the twin-track approach which recognises a “mainstream”
and “targeted” approach to both actively include people with disabilities as participants and
beneficiaries of development efforts across all sectors and to design development initiatives
specifically to benefit people with disabilities. The strategy recognises the provision of disabilityspecific support and services such as assistive devices, assistive technology, community-based
rehabilitation and skills training across the aid program will provide opportunities and benefits for
people with disabilities from Australia’s aid program.
4
National Disability Strategy 2010-2020, 2011, p 14, www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policyresearch/national-disability-strategy-2010-2020 .
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